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Cincinatti DUI Lawyers

• Donovan Law:

  DUI-DWI Law

  How DUI/DWI Laws in Ohio and Kentucky Affect You.

  Most people are familiar with the term "DUI" (driving under the influence), but this offense may also be called driving while intoxicated(DWI), operating under the influence (OUI), or operating a motor vehicle while intoxicated (OMVI).

  Here are some commonly asked questions:

  Q. Under what circumstances can I be arrested and convicted of DUI?

  A. If you are unable to operate a vehicle safely as a result of being impaired by alcohol, illegal drugs, prescription medications (e.g. painkillers) or over-the-counter medications (e.g. antihistamines); or if you are operating a vehicle above the state's set blood-alcohol concentration (BAC).

  Q. What is a field sobriety test?

  A. If you are stopped by a police officer and it is suspected that you may be intoxicated, the police officer will conduct what are know as "field sobriety" tests on you. These tests are designed to help an officer determine whether or not you are intoxicated based on the officer's assessment of your physical or cognitive ability. These on-site tests typically include one or more of the following physical agility exercises:

  - Horizontal Gaze Nystagmus (HGN) - You must follow officer's penlight with your eyes.

  - Walk and Turn - The officer will require you to walk a certain distance and turn around heel-to-toe.

  - Standing on One Leg - The officer will require you to raise one leg while counting aloud.

  - Finger to Nose - You will be required to bring your index finder to your nose with your eyes closed.

  - Rhomberg Balance Test - You will be asked to stand still with your head tilted back.

  Q. What is an implied consent law?

  A. Both Kentucky and Ohio have "implied consent" laws that require you to submit to some form of chemical test (whether it be a breath, blood or urine test) to measure BAC if you are suspected of a DUI. These implied consent laws are based on the logic that all drivers give consent to DUI testing by driving on state roads and highways.

  You should also know that the United States Supreme Court has held that a police officer may require you to submit to a blood test (without your consent or a warrant) so long as the police officer has probable cause to believe that you are under the influence. In both Ohio and Kentucky there are penalties for refusing to take some form of BAC test. Both states will allow you to choose the type of test (blood, alcohol or urine) you take. You should remember, though, that if you refuse to submit to a BAC test and are ultimately convicted of a DUI, your refusal to submit to the chemical test may further enhance any penalties you may face.

  Q. What does "Per Se Intoxication" mean?

  A. If your BAC is at or above the state limit of .08%, you will be deemed "per se intoxicated" and no additional proof of impairment is needed to be convicted of a DUI. However, you should know that you can still be arrested and convicted of a DUI without this determination.

  The National Highway Traffic Safety Administration (NHTSA) has developed 20 signs to assist police officers in detecting drunk drivers. These signs include weaving, speed more than 10 miles below the legal limit, making wide turns, braking erratically, and/or following another vehicle too closely.

  Q.What criminal and driving privilege penalties am I facing for a DUI?

  A. If you are convicted of a DUI, the criminal penalties are discretionary, but may include fines, jail time, probation and community service. The severity of the penalty depends on many aggravating factors, such as:

  - Whether or not you have had any prior DUI violations.

  - Whether you had a child in the vehicle with you when you were stopped.

  - Whether your DUI conviction involved a car accident that resulted in property damage or injury/death to another person.

  Also, you should know that a DUI conviction affects your driving privileges, and may include suspension of your license (usually by the DMV), confiscation or impoundment of your car, administrative costs and mandatory alcohol education and treatment programs. Additionally, if you are convicted of a DUI in Ohio, you may be required to install an "ignition interlock" device on your vehicle which measures you BAC (based on breath) and prevents you from operating your car if more than a minimum amount of alcohol is detected.

  Q. How can I avoid a DUI?

  A. Simply put, don't drink and drive. Use a designated driver, walk, call a friend, or take a taxi. The only way to avoid a DUI is to not drink and drive.

  Q. What happens if I am pulled over and I am under the legal limit?

  A. You may still be in trouble if your normal faculties are impaired. See an attorney to discuss your particular situation.

• James Arnold: Criminal cases move quickly. If you have been issued a ticket, charged, indicted, or arrested, you have the right to have your attorney present during ALL questioning by police and at EVERY court proceeding.
• Cahty Cook: Arraignment is the first stage of courtroom proceedings to take place after the arrest and booking of a criminal defendant, during which time a criminal defendant is formally charged before a criminal court judge and asked to enter a plea to the criminal charges. During a typical arraignment, the judge will also decide whether to set or alter bail, and announces dates of future proceedings in the case (e.g., preliminary hearing and trial).
• Alan Sirkin: If you have been charged with DUI (driving under the influence) in Cincinnati, Ohio or the surrounding areas, it is in your best interests to hire an attorney as soon as possible to protect your rights. These cases are often complex...
• M J Donovan: When a jury trial is held, certain rules and procedures must be followed, including: There must be at least six jurors; juries usually range between six and twelve members. Non-unanimous jury verdicts are permissible, though not in felony and death penalty cases. This is also generally not allowed when the jury has only six members. The accused has a right to an "impartial" jury. This means, for example, that jurors in potential death-penalty cases may not be excluded because they have scruples about the death penalty, unless asked if they could consider its imposition in some cases. There can be no exclusion of identifiable racial or ethnic groups, or one sex. Virtually any issue that can enhance the maximum sentence (sometimes called "aggravating circumstances") must be decided by the jury. Consideration of mitigating and aggravating factors in connection with the death penalty usually must be decided by the jury as well.
• Jay Clark: Must a police officer always advise a person of their Miranda rights before asking a question? No. The Miranda warning is only in effect during a custodial interrogation. This means the person being questioned is in custody or in an environment in which the person does not believe they are free to leave.
• Matthew Ernst: More than likely, you will be given a jail term. Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years, results in a mandatory 30 day jail term and a third offense usually results in a sentence of no less than ninety days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.
• Jeffrey Meadows: The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse. This section is based entirely on the police officer¹s observations: (for example)  Driving or evidence thereof;  Odor of alcoholic beverage on/about the person;  Speech (slurred, slow & deliberate);  admissions of drinking alcoholic beverages;  eyes (bloodshot & glassy) and the Horizontal Gaze Nystagmus (pen test);  balance ­ unsteadiness or staggering and Standardized Field Sobriety Tests: Walk & Turn, and One Leg Stand;  Other general observations ­ open beer cans in vehicle, vomit on clothing or car, being passed out in parked car, mood swings, being argumentative, etcŠ
• Shuh & Goldberg:

  What should you expect from a criminal defense attorney?

  1. A lawyer who promptly returns phone calls and schedules appointments on an emergency basis, if necessary.
  2. A lawyer who carefully listens and obtains all of the necessary facts and information about your case.
  3. A lawyer who has courteous and professional support personnel and staff, including secretaries, paralegals, and investigators.
  4. An attorney who will investigate the case, research the law, file appropriate motions, make required court appearances, take the case to trial, and defend your rights under the Constitution and the law.
  5. An attorney who charges a fair and reasonable attorney fee, and enters into a firm agreement with you with respect to the lawyer fees and expenses.
  6. A lawyer who will answer all of your questions.
• Raymond Faller: Traditionally known as drunk driving, driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), operating a vehicle while under the influence (OVI) is being treated with increasing seriousness in Ohio and other states. An OVI conviction today can have major consequence ranging from loss of income to loss of property and livelihood. If ever you find yourself facing OVI charges, be sure to retain an experienced and knowledgeable attorney.
• Taliaferro, Mehling, Shirooni, Carran & Keys: DUI-DWI Law - A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Kentucky or Ohio carries with it heavy penalties, including:
  • A permanent criminal record
  • Suspension or loss of license
  • Increased insurance rates
  • Community service
  • Possible jail or prison time
  • Alcohol assessment and treatment
  • Probation
  • Vehicle immobilization or forfeiture
  • Serious fines
  • Possible job loss

  If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.

• Matthew Ernst: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
• Kelly Farrish: DUI? Even if you are guilty of driving under the influence, you STILL need an attorney.
• Rendigs, Fry, Kiely & Dennis: Responsible individuals who recognize they have consumed too much alcohol, and properly decide not to drive an automobile, often find themselves facing prosecution and conviction for driving under the influence by their mere presence behind the wheel of a motor vehicle. Despite the name of the offense and the acronym, the "DUI", the question is not whether the individual was necessarily driving, but whether the vehicle was being operated or, more importantly, whether the vehicle was capable of being operated.
• James Schimanski: If you are facing charges of DUI in Ohio, you need a Lawyer with the experience and knowledge to protect your rights and interests. Being arrested and charged with a DUI can be a fearful and humiliating process. Many people including some criminal defense lawyers, believe that if there is a chemical tests which indicates a prohibited alcohol content or the police claim the driver failed the the roadside field sobriety tests the case is not winnable, and the accused should plead guilty. This is the wrong.
• Young, Reverman & Napier: State legislatures, law enforcement agencies and the public have all declared war on drinking and driving by passing recent legislation which enhances the penalties for DUI offenses. For example, the director of the Ohio Department of Public Safety has described the new DUI laws and their penalties as 'SWIFT AND SURE" and are the toughest yet on drunk drivers. These penalties include not only incarceration and fines, but also impoundment and immobilization (and possibly forfeiture) of the vehicle, immediate suspension of your license at the time of the arrest and increased reinstatement fees for the reinstatement of your license through the Bureau of Motor Vehicles.
• Stephen Madden: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in "actual physical control" of the car.
• Charles Strain: Practice limited almost exclusively to DUI cases.